Nirbhay Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41727 of 2025 Arising Out of PS. Case No.-406 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Nirbhay Sahni S/O Hari Sahni R/O village - Prem Nagar Tola Bhale @ Prem Nagar, P.S. - Garha @ Gadha (New) @ Runnisaidpur (old), Dist. - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar, Adv.
For the Opposite Party/s :
Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner apprehends his arrest in connection with Runnisaidpur P.S. Case No. 406 of 2024 instituted for the offences under Sections 126(2), 115(2), 118(1), 109, 303(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that, the accused persons assaulted the informant's son with lathi, danda and iron rod due to which he sustained head injury. It is further alleged that the accused persons also snatched Rs. 2800/- and a gold chain from him.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.41727 of 2025(3) dt.10-09-2025 2/3 Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of assaulting upon the informant's son by means of iron rod is upon the co-accused Laxman Sahni and Lal Babu Rai. As per injury report of the injured, the injury sustained is simple in nature caused by hard and blunt object. It has been submitted that the allegation against the petitioner is only of snatching money and golden chain. It has further been submitted that the petitioner has no criminal antecedent. He further submits that the co-accused Laxman Sahni has already been granted bail by this Court vide order dated 15.07.2025 passed in Cr. Misc. No. 21686 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner and the fact that co-accused has been granted regular bail as also the petitioner having no specific allegation of any overt act, let the petitioner abovenamed, in the event of his arrest or surrender before the learned
Patna High Court CR. MISC. No.41727 of 2025(3) dt.10-09-2025 3/3 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Runnisaidpur P.S. Case No. 406 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T